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Misago s/o Semumba v. R. Crim. App. 97-D-67; 12/5/67; Hamlyn, J.
Accused was convicted of burglary and stealing. The trial commenced in November 1966 but was immediately adjourned. When it was resumed in December 1966, accused was not properly charged nor was he required to plead to any charges.
Held: Where no pleading is taken the trial is a nullity. There has therefore been no trial in these proceedings. The court made no specific order for re-trial, which it considered a matter to be decided by the prosecutor.
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